Legal Question in Family Law in India
A LUMPSOME FEES OF RS. 89,000 WAS FIXED WITH MY LAWYER FOR dv ACT,498A CASE AND FOR MUTUAL DIVORCE CASE...NOW DUE TO SOME REASON,THE FIRST TWO CASES COULD NOT BE PURSUED...ONLY MUTUAL DIVORCE...BUT MY LAWYER CHARGED THE WHOLE FEE.....IS HE JUSTIFIED?OR SHOULD HE HAVE JUST CHARGED FOR THE LAST CASE ?
1 Answer from Attorneys
I have handled one such similar matter recently where the client graciously agreed to pay lumpsum upon settlement received from her NRI husband and part of that amount has already been received by her and the balance she will get in the final hearing date of the mutual consent divorce petition, when she will again pay the agreed lumpsum conciliation fee to me.
So the facts of the case must be studied in detail. On the face of your facts, it looks like you have agreed to file mutual consent after dropping the Dowry/ DV case, so you must be gracious to pay the agreed fee ( including any balance payable )to the Advocate for his conciliation efforts helping you to get a fair settlement from your husband.
S.Seshadri
Advocate
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